Rape is always a tragedy. Unconsented and forcibly acquired sex breeds deep psychological wounds in anyone, whether young or old, whether Christian or Muslim, whatever race a person is. It is not surprising then that some countries have imposed stiff penalties for convicted rapists, ranging from several years of imprisonment to death.
While the accountability of rapists has long been established, questions have arisen as to the role that victims play in the act of rape. It may be politically incorrect to say this, but some cultures maintain that the rape victim may also be to blame for exposing himself/herself to rape, for inducing sexualized feelings in the rapist-to-be, or, in simpler terms, for “asking for it.” I highly doubt that anyone asks to be raped, for that wouldn’t be rape, by definition (although resistance to sex is a fetish for some).
Must the rape victim be held accountable for not providing self-protection?
Let’s analyze accountability first. Accountability is a social precept materialized in the legal system. It is created to achieve justice in the eyes of society. This definition of accountability allows us to accept the differing burdens of proof for rape in various societies (see case studies of the UK, India, and Iran). It also accounts for the gradations in the severity of the punishment meted out to rapists. It is this spectrum of societal reactions to rape that has allowed Saudi Arabia to inflict 200 lashes and apply a six-month prison sentence onto a gang-rape victim. Was this justified in the context of Saudi Arabian perceptions of accountability?
The person in question is a 19-year old woman gang-raped by the companions of a man she met to retrieve some photographs. She was convicted for violating a law that prohibits women from meeting with an unrelated man. The reason for this law is to prevent unfaithfulness among married women, as well as premarital sex for unmarried women. The burden also of sexual inhibition is placed largely on women, who have to dress modestly (understatement?) in order not to induce sexual feelings in men who observe these women.
Saudi Arabian conservatives may feel then that the punishment was justified. Reformists though have cried out for justice. The comparison between the physical punishment and detention of the rape victim and her rapists is something worth noting. Her rapists received a sentence ranging from 2 years to 9 years. This woman, upon appeal, had her own sentence increased to the 200 lashes, from a previous number of 90, for “going to the media”, and “trying to influence the court”.
Considering all of these factors, I feel that Saudi Arabia has aggravated the victimization of this woman. Knowing the intense psychological (and physical) pain that this woman underwent, and considering the life-long discrimination she will face in her community, punishing her and giving relatively light sentences to her rapists is an insult to human dignity. Punishing her for the association with men is punishing the inevitable, and requires obedience to a highly isolationist and disempowering regulation that binds Saudi Arabian women only to the home. Increasing her punishment after “going to the media” for fear of influencing the court’s decisions speaks more of the susceptibility of the judiciary to public pressure than of her obstruction of justice. Which makes us argue: 1) Why shouldn’t the public be able to influence the court, which is acting to preserve social justice anyway?, and 2) Why should the court prevent women from publicizing their plight to the public?
The past events have spat in the face of the reforms of the ruling King to liberate women from the shackles that bind them. When Islamic countries like Malaysia and Indonesia have been able to foster women’s rights without expending religion, we can’t help but wonder: Is patriarchy in other Islamic countries really due to Islam, or due to fear of the empowered woman?
Maybe Saudi Arabians should stand up and challenge the patriarchy. Maybe Muslims should re-examine how they practice Islam, and ask whether it is God who legislates injustice, rather than man. I believe Islam protects the dignity of women. I believe Islam does not disabuse its believers of their humanity.
humanity at its finest 